Can Paternity Be Established After the Death of a Child in Illinois?

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we begin by answering a question left by one of our readers. We then expound on establishing paternity and intestacy laws in Illinois, and answer the question “are there other ways to establish paternity if the family does not give consent for DNA testing on the deceased?”

How is Paternity Established After Death of a Child?

‍ Q: If a father never acknowledges paternity on the birth certificate of a child or paid child support. Spent time or money on child and child becomes an adult and dies, will the father become a beneficiary in the event of death of adult/child? Ps the adult/child does not have a will in place.

A: The answer to this question is very circumstantial. If the father has never “established paternity” before the child dies, or been married to the mother of the child, then he has no legal rights or claims as a beneficiary. In order for the unconfirmed father to establish paternity, he would need to request DNA testing to prove he is the biological father. It is possible to undergo DNA testing postmortem, but the immediate family has to agree. If the child has already been buried, the father seeking DNA testing would need to obtain a…